20 Sep Explain the main reasons why you believe the types
Please respond to the following: 1-2 paragraphs. Then respond in one paragraph to the additional post.
Identify one evidentiary issue that could be presented regarding the admission of digital evidence at trial. Next, suggest one way in which the court could take to resolve the issue that you have identified. Include one example of such an issue and your suggestion action to support your response.
Per the text, there is probable cause to search a computer or electronic media when one believes that the computer or related media either contains or is contraband evidence of a crime, fruits of crime, or instrumentality of a crime. Identify at least two types of warrantless searches that investigators can conduct while collecting digital evidence, and explain the main reasons why you believe the types of searches in question are warrantless. Justify your response.
Once that section is completed, respond in one paragraph to the post below. State if you agree or disagree and the reasoning why. You may also add on to the conversation.
Post:
One evidentiary issue that could arise when digital evidence is used during a trial is evidence that is not properly seized during an arrest. This means the evidence was not obtained through the use of a proper warrant. So, the digital evidence becomes inadmissible in a court of law. One way that the court could solve this issue is by proving that there is probable cause to use such evidence for purposes during a trial. A warrant could be obtained to use said evidence and digital copies of this evidence would be legally gathered to show burden of proof during the trial.
One of the types of warrantless searches is consent search is when attempting to collect digital evidence without a warrant, consent searches are the most commonly used searches conducted by law enforcement. An officer can ask a citizen to consent or give permission to a search of his or her person or property. An additional concern with consent searches is that the person giving consent must be legally capable of doing so. Another warrantless search is border searches. In order to protect the government’s ability to monitor contraband and other property that may enter the United States illegally, the courts have recognized the need to allow for border searches that are more intrusive than would be allowed in other locations.
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